Buying agriculture land

I want to buy agriculture land in Maharashtra

My mothers parents were farmers and had an agriculture land in state of Gujarat.

Grandfather had sold one agriculture land in Gujarat in 1998 transferred in land records on purchasers name in 2004.

Grandfather has also purchased one agriculture land in Gujarat in 1969 and initiated transfer process in Land records however because of Fragmentation act same was not mutated in name of my grandfather and that entry is still pending in Land Revenue records.

Grandmother had given one agriculture land in Gujarat to one of his son (my maternal uncle)

Grandmother had one Agriculture land in her name when she expired in 2005. Subsequently my mothers name was added along with other 7 siblings of her. Subsequently mother had given her right on the agriculture land to one of her brother who is currently holding land.

With the background of being from Agriculture family with no current holding and one partial entry pending in name of grandfather can I purchase agriculture land in Maharashtra and / or Gujarat?

Asked 5 years ago in Civil Law

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2 Answers

Earlier in the State of Maharashtra, a non-agriculturist could not acquire agricultural land without the prior approval of the Collector. On 1 January 2016, an amendment was made to the existing law to allow a non-agriculturist to acquire agricultural land subject to certain conditions

2) the following lands would be excluded from the purview of Section 63 of the MTAL:

Land situated within the limits of a Municipal Corporation; or

Land situated within the limits of a Municipal Council; or

Land situated within the jurisdiction of Special Planning Authority; or

Land situated within the jurisdiction of New Town Development Authority; or

Any land allocated for residential, commercial, industrial or any other non-agricultural use as proposed in the draft/final Regional plan or Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966.

In short, a non-agriculturist can now acquire agricultural land for non-agricultural purpose (residential/commercial/industrial), if such land falls under any of the five exceptions to Section 63 of the MTAL as mentioned above.